Legal Opinion

In Re: Tam Ly Lam Mai Thai Lam, Debtors. Investors Thrift v. Tam Ly Lam Mai Thai Lam

Court of Appeals for the Ninth Circuit

Decided October 4, 1999No. 97-16711PublishedCited by 42 opinions

1Per curiam

This appeal presents the interesting question of whether a Chapter 13 debtor may void a junior hen on a homestead if senior liens exceed the fair market value of the property. However, we have no occasion to reach that issue, because the appellant has forfeited the right to bring it before us by failing to appear in any prior proceedings.

I

Debtors Tam Ly Lam and Mai Thai Lam instituted an adversary proceeding against Investors Thrift. The Lams sought a declaration that Investors Thrift was an unsecured creditor under the Bankruptcy Code and a judgment that the deed of trust held by Investors…

2Cases cited3 opinions

  1. Nobelman v. American Savings BankSupreme Court of the United States · 1993
  2. State Bank of India v. Chalasani (In re Chalasani)Court of Appeals for the Second Circuit · 1996
  3. Hawaii Carpenters' Trust Funds v. StoneCourt of Appeals for the Ninth Circuit · 1986

3Cited by42 opinions

  1. Atwood v. Chase Manhattan Mortgage Co. (In Re Atwood)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2003
  2. In Re Stephen J. McdonaldCourt of Appeals for the Third Circuit · 2000
  3. In Re Sieglinde M. Zimmer, Debtor, Sieglinde M. Zimmer v. Psb Lending CorporationCourt of Appeals for the Ninth Circuit · 2002
  4. Heath v. American Express Travel Related Services Co. (In Re Heath)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2005
  5. In Re: Pamela L. Tanner, Debtor. Pamela L. Tanner v. Firstplus Financial, Inc., F.K.A. Remodelers National FundingCourt of Appeals for the First Circuit · 2000

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